Appellate

  • March 20, 2025

    NJ Firm Can't Force Arbitration Of Ex-Leader's Firing Suit

    New Jersey personal injury firm Ginarte Gonzalez & Winograd LLP cannot steer a former managing partner who claims the firm retaliated against him for protected activity into arbitration after it waived the right to arbitrate his claims before a judge, a state appellate court ruled Thursday.

  • March 20, 2025

    7th Circ. Chief Judge Diane Sykes To Take Senior Status

    Chief U.S. Circuit Judge Diane Sykes of the Seventh Circuit will take semiretired status on Oct. 1.

  • March 20, 2025

    Hawley To Introduce Bill To Restrict Nationwide Injunctions

    Sen. Josh Hawley, R-Mo., a member of the Senate Judiciary Committee, announced on Thursday he would be introducing legislation to prevent district court judges from issuing nationwide injunctions.

  • March 20, 2025

    No 1st Circ. Appeal For 'Varsity Blues' Guilty Plea, Judge Says

    A judge in the "Varsity Blues" college admissions case won't allow a former attorney and television executive to seek First Circuit review of his order rejecting claims that a U.S. Supreme Court ruling invalidates the legal underpinnings of the former executive's guilty plea, according to a Thursday decision.

  • March 20, 2025

    8th Circ. Won't Nix Deportation Of Woman For Pot Offense

    The Eighth Circuit declined to review a Board of Immigration Appeals finding that a Mexican national is removable for her conviction of possession of cannabis with intent to deliver, and that the conviction makes her ineligible for cancellation of removal.

  • March 19, 2025

    Full 9th Circ. Quizzes BNSF On Reasons For Conductor Firing

    The en banc Ninth Circuit hinted Wednesday it might stand by a panel's earlier ruling overturning BNSF Railway Co.'s win in an ex-conductor's retaliation suit, with several judges expressing skepticism the railway had shown he would've been fired for dishonesty and insubordination even if he hadn't refused to stop conducting a brake test.

  • March 19, 2025

    GM Seeks Full 6th Circ. Guidance Amid Class Action Surge

    Sixth Circuit judges on Wednesday dug into whether they should undo a panel's ruling upholding class certification for consumers who allege General Motors sold vehicles with defective transmissions, as the automaker urged the judges to give courts guidance on class certification at a time the circuit has been "inundated" with class actions.

  • March 19, 2025

    Texas Justices OK With Venue Appeal Despite 'Politics' Involved

    A Texas Supreme Court justice lamented Wednesday that venue choice has become "a matter of politics," but told counsel for the family of a girl killed when a bus ran into her that the law seemingly gives the opposing party the right to appeal a venue decision from the trial court.

  • March 19, 2025

    DC Circ.'s Copyright Denial Of AI Art Is A Sign Of Future Fights

    A computer scientist's quest to register artwork made by his artificial intelligence system hit another roadblock this week when the D.C. Circuit concluded that only human authors qualify for copyright protection, but his case foreshadows complex questions that courts and perhaps Congress will have to grapple with as the technology evolves.

  • March 19, 2025

    Fed. Circ. Says Lacking License Dooms DOD Fuel Deal Protest

    The Federal Circuit refused Wednesday to revive a case challenging a $134 million sole-source fuel supply contract for the U.S. military in Djibouti, saying the challenger wasn't eligible for the deal even if the Defense Logistics Agency had opened it up to competition.

  • March 19, 2025

    Ex-U.S. Rep. Loses 2nd Circ. Appeal In Insider Trading Case

    Former Indiana Rep. Stephen Buyer has failed to convince the Second Circuit to overturn his insider trading conviction or to grant him a new trial, with the appellate court ruling Wednesday to keep his 22-month sentence intact.

  • March 19, 2025

    Ga. Justices Consider Election Board's Rulemaking Authority

    Georgia's Supreme Court justices on Wednesday considered whether a trial court judge correctly blocked the enforcement of controversial State Election Board rules put in place before last year's general election, weighing arguments about whether the rulemaking aligned with the constitution's separation of powers.

  • March 19, 2025

    Retirees' Discovery Bid Rejected In Hilton Pension Suit

    A D.C. federal judge on Wednesday refused to reopen discovery in a decades-old suit against Hilton Hotels Corp. filed by retirees who won on claims that the company violated federal benefits law by shortchanging their pensions, citing a lack of evidence in the record that Hilton wasn't complying with the court's judgment.

  • March 19, 2025

    Fla. Court Affirms Boardwalk Easement, Despite Defunct Law

    Florida's First District Court of Appeal confirmed Wednesday that Walton County, Florida, had a right to a public easement on a beach, finding it need not have exercised that right before the federal government repealed the law under which the land was conveyed to private owners.

  • March 19, 2025

    Ill. Justices Probe Wholesalers' Knowledge Of Tainted Cilantro

    Justices on Illinois' top court on Wednesday pressed attorneys in a case over allegedly contaminated cilantro to address when two wholesalers had actual knowledge the product may have made people sick, and what moment triggered a duty by a distributor to give notice for an implied warranty of merchantability claim.

  • March 19, 2025

    8th Circuit Rejects Minn. Tribe's Jurisdiction Rehearing Bid

    The Eighth Circuit on Wednesday denied a Minnesota tribe's request for a panel or en banc rehearing on a decision to remand and vacate its challenge over law enforcement jurisdiction on its reservation after it told the court last month that its assessment of the case conflicts with precedent.

  • March 19, 2025

    Texas Justices Skeptical Boeing Can Dodge Airline Union Suit

    Texas Supreme Court justices seemed wary of Boeing Co.'s argument that a pilot's union can't sue over lost compensation after a pair of deadly crashes involving the company's 737 Max airplanes, saying during oral arguments Wednesday it was seemingly making "policy arguments for Congress."

  • March 19, 2025

    Fed. Circ. Backs Partial Ax Of 'Money Mart' TM In Pawn Fight

    The Federal Circuit has backed the Trademark Trial and Appeal Board's finding that two Dollar Financial Group trademark registrations for the phrase "Money Mart" can't be used for pawn brokerages and pawn shops.

  • March 19, 2025

    White House Says It Will Obey Court Orders But Faults Judges

    White House Press Secretary Karoline Leavitt said on Wednesday the Trump administration will comply with court orders, but continued to escalate its verbal attacks on the judiciary.

  • March 19, 2025

    Plane Parts Maker Beats NC Appeal In Fatal Crash Suit

    Continental Aerospace Technologies Inc. defeated an appeal of its win in a products liability lawsuit stemming from the deaths of two pilots who crashed in one of the manufacturer's planes, with the North Carolina Court of Appeals ruling the plaintiffs failed to differentiate their claims of a defective engine manual with those about the allegedly faulty aircraft.

  • March 19, 2025

    Procedural Flub Ends Peeping Nurse Appeal, NC Panel Says

    A North Carolina state appellate panel on Wednesday axed an appeal in a negligence suit alleging a county allowed a nursing assistant to secretly film women at a county-owned clinic, saying the court lacks jurisdiction because the order being appealed wasn't final.

  • March 19, 2025

    Mich. Senate Asks High Court To Fast-Track Stalled Bill Case

    The Michigan Senate has appealed directly to the Great Lakes State's highest court, saying the court's swift intervention is needed to resolve a "constitutional confrontation" that arose when the House refused to send passed legislation to the governor.

  • March 19, 2025

    7th Circ. Orders Tax Court To Clarify ESOP Suit Dismissal

    The Seventh Circuit axed the U.S. Tax Court's dismissal of a transit company's suit over an employee stock ownership plan, saying the lower court must specify that it lacked the authority to review the case because it was filed before the IRS completed an exam.

  • March 19, 2025

    8th Circ. Upholds No-Coverage Ruling In Floor Paint Suit

    A flooring company's insurer has no duty to cover roughly $134,000 in costs to remove and replace a vinyl floor because of a subcontractor's shoddy painting, the Eighth Circuit ruled Wednesday, rejecting the company's position that an exception in a faulty work exclusion applied to restore coverage.

  • March 19, 2025

    6th Circ. Says Pharmacist Doesn't Owe Tax On Forfeited IRA

    A pharmacist doing time for running a Kentucky pill mill doesn't owe taxes on his forfeited retirement account, the Sixth Circuit ruled Wednesday, reversing a U.S. Tax Court decision that upheld what the appeals court described as an unexpected punishment.

Expert Analysis

  • The Securities Litigation Trends That Will Matter Most In 2025

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    2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • What To Watch For In The 2025 Benefits Landscape

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    While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.

  • Reviewing 2024's Crucial Patent Law Developments

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    As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.

  • Contract Disputes Recap: Adjustments, Preclusion, Waivers

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    Ken Kanzawa at Seyfarth examines three recent decisions from the Civilian Board of Contract Appeals, the U.S. Court of Federal Claims and the Armed Services Board of Contract Appeals that examine distinctions between requests for equitable adjustments and claims, forum selection and res judicata, and the waiver of penalties for expressly unallowable costs.

  • The Justices' Securities Rulings, Dismissals That Defined '24

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    The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.

  • 10 Noteworthy CFPB Developments From 2024

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    In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

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    From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.

  • 2024 Has Been A Momentous Year For ESG

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    Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.

  • Making The Pitch To Grow Your Company's Legal Team

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    In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.

  • Justices May Find Gov't Can Keep Fraudulent Transfer Benefit

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    Based on the justices' questions at the recently argued U.S. v. Miller, the Supreme Court appears prepared to hold that the U.S. — unlike any other creditor — is permitted to retain the benefits of a fraudulent transfer to the detriment of other bankruptcy creditors, says Kevin Morse at Clark Hill.

  • Why Letters Of Protection Are Discoverable In Texas PI Suits

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    Recent Texas Supreme Court opinions and key provisions of the Texas Rules of Civil Procedure make letters of protection, in which plaintiff attorneys promise payment to healthcare providers based on jury awards, discoverable — good news for defendants fighting exorbitant damage claims in personal injury cases, says Nathan Vrazel at Munsch Hardt.

  • 4 Trade Secret Pointers From 2024's Key IP Law Developments

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    Four significant 2024 developments in trade secret law yield practical tips about defending trade secrets overseas, proving unjust enrichment claims, forcing compliance with posttrial orders and using restrictive covenants to prevent employee leaks of confidential intellectual property, say attorneys at Faegre Drinker.

  • Data Privacy Landscape After Mass. Justices' Wiretap Ruling

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    In Vita v. New England Baptist Hospital, Massachusetts’ highest court recently ruled that the state’s wiretap law doesn’t prohibit all tracking of website user activity, but major financial and reputational risks remain for businesses that aren't transparent about customer’s web data, says Seth Berman at Nutter.

  • Ledbetter's Legacy Shines In 2024 Equal Pay Law Updates

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    The federal Lilly Ledbetter Fair Pay Act turned 15 this year, and its namesake's legacy is likely to endure in 2025 and beyond, as demonstrated by 2024's state- and local-level progress on pay equity, as well as several rulings from federal appellate courts, say attorneys at Fisher Phillips.

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